Rajasthan High Court - Jodhpur
Vikram Singh vs State on 27 July, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1050/2002
Vikram Singh S/o Shri Sher Singh, B/c Rawna Rajput, R/o
Rajendra Nagar, Pali (Raj.)
----Petitioner
Versus
State of Rajasthan.
----Respondent
For Petitioner(s) : Mr. Girwar Singh Rathore (Amicus
Curiae)
For Respondent(s) : Mr. Arun Kumar, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
27/07/2022
1. None appears for the appellant despite specific note in the
cause-list that old matters shall not be adjourned.
2. Mr. Girwar Singh Rathore, Advocate is appointed as Amicus
Curiae to argue the matter on behalf of the accused-appellant
under the free legal aid scheme. His remuneration shall be paid by
the Rajasthan State Legal Services Authority as per the rules.
3. The matter pertains to an incident which occurred in the year
1999 and the present criminal revision has been pending since the
year 2002.
4. This criminal revision petition under Section 397 read with
Section 401 Cr.P.C. has been preferred against the judgment
dated 11.09.2002 passed by learned Additional Sessions Judge
(Fast Track), Pali in Criminal Appeal No.90/2002, whereby the
judgment dated 22.10.2001 passed by the learned Additional
Chief Judicial Magistrate (C.R.), Pali in Criminal Original Case
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No.36/2000, convicting the revisionist-petitioner was upheld. The
petitioner was convicted for the offences under Sections 327 &
323 IPC and was sentenced as under:- (All sentences will run
concurrently).
Sections Sentence
327 IPC Two years' S.I. and a fine of
Rs.5000/- and in default of
payment of which he was
ordered to undergo further one
month S.I.
323 IPC Six months' S.I.
5. The case summary chart prepared and furnished by learned
Amicus Curiae is taken on record.
6. Learned counsel for the revisionist-petitioner further submits
that the sentence so awarded to the revisionist-petitioner was
suspended by this Hon'ble Court, vide order dated 16.12.2002
passed in S.B. Criminal Bail Application No.239/2002.
7. Learned counsel for the revisionist-petitioner, however,
makes a limited submission that without making any interference
on merits/conviction, the sentence awarded to the present
revisionist-petitioner may be substituted with the period of
sentence already undergone by him.
8. Learned Public Prosecutor opposes the same.
9. This Court is conscious of the judgments rendered in,
Alister Anthony Pareira Vs. State of Maharashtra (2012) 2
SCC 648 and Haripada Das Vs. State of W.B. (1998) 9 SCC
678 wherein the Hon'ble Apex Court observed as under:-
Alister Anthony Pareira (Supra)
"There is no straitjacket formula for sentencing an accused
on proof of crime. The courts have evolved certain
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principles: twin objective of the sentencing policy is
deterrence and correction. What sentence would meet the
ends of justice depends on the facts and circumstances of
each case and the court must keep in mind the gravity of
the crime, motive for the crime, nature of the offence and all
other attendant circumstances."
Haripada Das (Supra)
"...considering the fact that the respondent had already
undergone detention for some period and the case is
pending for a pretty long time for which he had suffered
both financial hardship and mental agony and also
considering the fact that he had been released on bail as far
back as on 17-1-1986, we feel that the ends of justice will
be met in the facts of the case if the sentence is reduced to
the period already undergone..."
10. In light of the limited prayer made on behalf of the
petitioner, and keeping in mind the aforementioned precedent
laws, the present petition is partly allowed. Accordingly, while
maintaining the conviction of the petitioner for the offences under
Sections 327 & 323 IPC, the sentence awarded to him is reduced
to the period already undergone by him. The petitioner is on bail.
He need not surrender. His bail bonds stand discharged
accordingly.
11. All pending applications stand disposed of. Record of the
learned below be sent back forthwith.
(DR.PUSHPENDRA SINGH BHATI), J.
41-Zeeshan
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